Congressional lawyers see the "short-term" use of co-official languages ​​as "very difficult, if not impossible."

They are not opposed to processing the reform of the Regulations, but they warn that it will force them to "rethink all parliamentary procedures"

MADRID, 12 Sep. (EUROPA PRESS) -

The legal services of Congress consider "very difficult, if not impossible", to apply "immediately or in the short term" the reform of the Chamber Regulations registered by the PSOE, Sumar, ERC, Bildu, PNV and BNG to allow widespread use of co-official languages ​​in parliamentary debates and initiatives, and warn that their implementation would require "rethinking all parliamentary procedures" as they are currently conceived.

This is stated in the note written by the institution's lawyers to report on this initiative that this Wednesday the Chamber Board plans to rate, in which the PSOE and Sumar have a majority and which is opposed by the PP, which is also representing in the governing body.

In their writing, to which Europa Press has had access, the lawyers are in favor of admitting the reform to processing, and do not object to it being debated in direct processing and in a single reading, as its promoters want, which implies that it be approved expressly in the Plenary Session, without going through the Regulations Commission, which has not yet been established.

The idea of ​​its defenders is that the reform be approved in a plenary session next week so that it can be debuted in the investiture debate of the PP candidate, Alberto Núñez Feijóo, on September 26 and 27.

But, despite endorsing its processing, the lawyers warn of the difficulties involved in the rapid application of this reform as it is proposed.

After emphasizing that the text "recognizes the deputies' general right to use the aforementioned languages ​​without limitations and in all areas of parliamentary activity and establishes the possibility of their exclusive use, apart from Spanish," he emphasizes that this "is clearly very difficult, if not impossible, to implement in its terms, at least immediately or in the short term.

"And this is because the proposed reform comprehensively affects all procedures, as well as all regulatory deadlines and, therefore, the entire functioning of the Chamber," legal services abound, going so far as to point out that, "as a guarantee of legal certainty and 'ius in officium'", it would be necessary to "rethink all parliamentary procedures, as they are currently configured".

The lawyers emphasize that it must be taken into account that the recognition of the exclusive use of Spanish languages ​​other than Spanish "inexcusably requires", as the reform itself provides, mechanisms for translation and interpretation into the common language.

"From the moment the use of those is permitted, it will be necessary to ensure, on the one hand, the understanding of the debate and its object, and on the other, provide full legal validity and 'erga omnes' to the initiatives on the that is discussed and that, eventually, are approved and, more broadly, to all the documents, whatever their nature, that must be processed in the Chamber", specifies the note from the legal services.

In this context, they highlight that it cannot be ignored that parliamentary activity, in all its areas, "is determined by the principle of immediacy, and must adhere to set and generally short deadlines, which can hardly be met if, in relation to the initiatives and documents that are presented, they must be translated into Spanish as a step prior to their processing.

"The translation would be essential for its qualification, for its distribution among deputies and parliamentary groups and for its debate and eventual approval and for its publication," they emphasize.

They also point out that "the reserved and even secret nature of certain meetings of the different parliamentary bodies" must be taken into account, since the reform provides for the transcription in both the co-official language and in Spanish of the verbatim minutes of the secret sessions and does not publishable.

Likewise, they point out that the reform affects, "directly and immediately, the operation of the Official Gazette of the Cortes Generales", since it foresees that it publishes the written initiatives in the co-official language used and in Spanish, like the Journal of Sessions. .

Regarding the debates, in addition to emphasizing that "the understanding of the speech that is pronounced in a language other than Spanish must be ensured," the lawyers put emphasis on the "logistical effort that this entails" taking into account the volume of the parliamentary activity of the plenary session and of the committees during the ordinary period of sessions.

For all these reasons, they indicate that if the reform goes ahead, so that "the normal functioning of the Chamber is not altered", it should be interpreted that the recognition of the right to use co-official languages ​​"is subject" to the terms in which such right be specified later. Specifically, the reform contains a transitional provision that refers to a future agreement of the Board in which the "procedures and means" to put it into practice will be established.

The Congress Board plans to analyze this note from the lawyers this Wednesday and will predictably qualify the reform with the votes of PSOE and Sumar. The next step will be taken on Thursday, when, in its first meeting of the XV Legislature, the Board of Spokesmen convenes a plenary session for next week aimed at approving this change in the Regulations and for it to come into force immediately.

The only thing that is delayed is the use of co-official languages ​​when presenting written texts, since a transition period of a maximum of six months is established to adapt the Chamber's services, during which time groups will be able to register initiatives in Basque or Catalan. , but they must accompany the translation into Spanish.

The initiative does not detail it, but the initial plan is to urgently hire translators for Feijóo's investiture debate, and helmets would also have to be distributed so that deputies and stenography services can follow the speeches in co-official languages.

The deputies have already used headphones in the chamber to listen to speeches by international leaders with simultaneous translation, such as the one given in 2009 by the then French president, Nicolas Sarkozy.

As parliamentary sources have informed Europa Press, Congress has asked the Senate for advice at a technical level on the way in which the Upper House operates in the contracting of headphones, although there have been no contacts at the political level.

While waiting for a public tender to be called later to establish the new staff of translators, these first contracts could come from the surplus fund available to Congress with the surpluses that have been generated year after year with the unexecuted budget items . According to the latest data published by Congress, as of March 31, 2022, the closing date of fiscal year 2021, the amount of this fund was 108.24 million euros.